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B-172733 1 (1982-09-24)

handle is hein.gao/gaobadkqd0001 and id is 1 raw text is: 


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FILE: B-172

MATTER OF:

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TrHE COMPTRCLLER GENERAL
OF THE UNITED STATES
WAUHINGT No o0. 92054a



      DATE: Sertember 24, 1992


733


William L. Lamb - Air Safety Investigators',-
Overtime Pay for Travel to and from Accidents

The National Transportation Safety
Board may administratively settle
overtime travel claims of air safety
investigators for periods of time not
time barred under 31 U.S.C. S 71a
(1964), pursuant to the Court of Claims
reasoning in Russell J. Abbott, et al. v.
UnitedStatesCt. CiF HNo. 317-71,
fly 30, 1980.  Decision 52 Comp. Gen.
702 (1973) will no longer be followed.

Travel to and from accident sites by
air safety investigators on commercial
airlines, performed under access-to-
aircraft (cos free) authority in
emergent situations, is compensable
work for the purposes of 5 US.c.
SS 911 and 912b (1964). The investf-
gators are entitled to overtime pay
for such travel outside normal duty
hours. Where, however, access-to-
aircraft travel was utilized in non-
emergent situations and no work: was
performed or was required during the
travel, such travel only nerved the
purpose of transporting the investi-
gator and is not compensable ovnrtine
work.

Air safety investigators traveling
as fare-paying customers on commercial
aircraft while proceeding to and from
aircraft accidents and while in further-
ance of ongoing investigations of aircraft
accidents and who perform their investi-
gative fVnction while traveling under
emergent conditions are performing work
under 5 U.S.C. SS 911 and 912b (1964).
However, routine fare-paying air travel
not under emergent conditions is not
compensable.

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